Nebraska
Nebraska Supreme Court affirms Legislature’s power to expand parole eligibility
LINCOLN, Neb. (KOLN) – The Nebraska Supreme Court released a ruling on Friday, upholding the Legislature’s constitutional authority to adjust parole eligibility provisions as part as a criminal justice reform law passed in 2023.
LB 50 took effect on Sept. 2, 2023, with the intent to increase parole eligibility to address prison overcrowding. According to the Nebraska Examiner, the law extended parole eligibility for people who meet the following criteria:
- For someone serving a maximum term of 20 years or less, two years prior to a person’s mandatory discharge date.
- For someone serving a maximum term of more than 20 years, when the person has served 80% of the time until the sentence’s mandatory discharge date.
It also allows someone who is at least 75 years old and who has served at least 15 years of their sentence to apply for “geriatric parole”.
Anyone serving a Class I, IA or IB felony or for a sex-related offense is ineligible, as are those serving life imprisonment, the Nebraska Examiner said. As a condition of geriatric parole, the person would need to wear an electronic monitoring device for at least 17 months.
However despite it becoming law, the Nebraska Department of Correctional Services refused to implement the parole provisions on the advice of Attorney General Mike Hilgers. He argued that applying the changes retroactively was unconstitutional and that it was the same as changing someone’s sentence, which only the Board of Pardons can do.
Hilgers filed a lawsuit to block the law, and a lower court sided with him in March 2024. This led to the appeal.
In an unsigned 37-page ruling, the Nebraska Supreme Court overturned the lower court ruling, saying the law is constitutional and the Legislature has the power to adjust parole eligibility. They stated that parole is not the same as a sentence reduction or commutation.
“The retroactive application of L.B. 50’s new parole eligibility provisions does not result in an unconstitutional sentence commutation, and it was plain error to declare otherwise. We therefore reverse the judgment of the district court,” the ruling stated.
ACLU of Nebraska Staff Attorney Jane Seu issued a statement in response to the Nebraska Supreme Court ruling.
“Today, the Nebraska Supreme Court affirmed state senators’ authority to enact long overdue smart justice reforms,” Seu said. “The Court rejected Attorney General Hilgers’ argument that key provisions of LB 50 could not apply to people already serving a sentence. As a result, people in our prisons will be able to benefit from earlier parole eligibility as our lawmakers intended. Considering Nebraska’s ongoing prison overcrowding crisis and the value of meaningful rehabilitation, this is a win for all Nebraskans.”
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Copyright 2025 KOLN. All rights reserved.
Nebraska
Nebraska Dept. of Agriculture proposes ban on food and beverages containing any amount of THC
LINCOLN, Neb. — A public hearing Thursday drew strong opposition to proposed rules that would label food adulterated and illegal if it contains any amount of THC and its derivatives, potentially decimating Nebraska’s hemp and CBD industry.
The regulations would affect products like gummies, beverages and oral tinctures. Over 490 people wrote in opposition to the new regulations, while only three supported them.
The rule changes stem from an executive order issued by Gov. Jim Pillen in January requiring state agencies to review laws regarding the use of synthetic THC in food and beverages. The order was made to align with federal law coming in November 2026, which bans synthetic THC products and limits total THC concentrations in hemp products to not exceed 0.4 milligrams per container.
The proposed Nebraska rule goes beyond that federal standard.
“I would say it’d be similar other than it does say no THC. It is zero THC,” said Andrew Bish, chief operating officer of Bish Enterprises. “It’s not we are deferring to the federal government standard and aligning with the federal government standard. It is, in fact, a different standard.”
Fifteen speakers testified during the hearing, with many calling for the Department of Agriculture to regulate the industry rather than enforce outright bans.
“I respectfully urge the department to pursue a balanced science-based approach that protects public safety, targets specific problems, strengths and standards where necessary and holds bad actors accountable without unnecessarily eliminating access to products that may Nebraskans find valuable and beneficial,” said Dr. Andrea Holmes, a professor of chemistry at Doane University.
Many who testified were shop owners who said the regulations would result in major business losses and reduced state revenue.
“In 2025, we pay over $1 million in sales tax. We expect to be over $1.3 million in 2026,” one speaker from The Cannabis Factory said. “We’re not opposed to regulation, or oversight, or even additional taxation.”
The Department of Agriculture will review comments and decide if any changes need to be made. If not, the regulations go to the attorney general and the governor for approval.
The regulations include a carve out for the medical cannabis acts, meaning people with medical cannabis cards could get prescriptions that would not be affected by this proposed regulation change.
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Copyright 2026 KOLN. All rights reserved.
Nebraska
Disaster declaration sought for May storm damage in Nebraska
Nebraska Gov. Jim Pillen said Thursday that he has asked President Donald Trump to issue a major disaster declaration for damage caused by storms that hit the state May 15-18.
The storms spawned tornadoes and flash flooding across Buffalo, Fillmore, Gage, Howard, Jefferson, Nemaha, Thayer and Thurston counties. There were numerous downed power poles and lines as well as extensive damage to schools, building and roadways. Damage just to public infrastructure is estimated at nearly $5 million.
In addition to the disaster declaration request, Pillen said he also has requested access to the Hazard Mitigation Grant Program, which provides funding to governments to allow them to rebuild in ways that will reduce or mitigate future disaster losses. Approval would allow the state to apply for such grants.
Thursday’s disaster declaration request is the second in two months. Back in May, Pillen requested one for historic wildfires in March that impacted Arthur, Garden, Grant, Lincoln and Morill counties. At the time of the request, it was estimated there was at least $9.7 million in damage from the fires, which were the worst in Nebraska’s history.
Nebraska
Bandits back in the win column with tournament-opening victory in Nebraska – East Idaho News
OMAHA, Neb. – The Bandits opened the Omaha, Nebraska tournament with a 7-4 win over Fremont.
The Bandits, coming off two losses to Billings at last week’s Bandits Invitational, trailed 4-3 in the fifth, but tied it up on a sac fly by Cole Croft.
They scored three runs in the bottom of the sixth for the win.
Carter Bowen finished 3 for 3 with an RBI and two runs scored. Conner Cannon and Taye Lords each knocked in two runs for Idaho Falls (10-2).
Tyson Christenson picked up the win with four innings of relief.
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